CLA-2-38:OT:RR:NC:N3:139
Peyton McQuillan
Westwin Elements
211 North Robinson Avenue Suite N 1100
Oklahoma City, OK 73102
RE: The tariff classification of a mixed hydroxide precipitate from Turkey, and Indonesia
Dear Ms. McQuillan:
In your letter dated September 17, 2025, and a earlier submission, you requested a tariff classification ruling.
The merchandise in question is characterized as a mixed hydroxide precipitate. Based on the documentation
provided with this submission, it appears to be primarily a combination of nickel dihydroxide, and cobaltic
hydroxide, with small amounts of manganese, magnesium, aluminum, and trace amounts of other elements as
well. You state that the mixed hydroxide precipitate will be used as a feedstock for refining into Class 1
nickel via the carbonyl process. In your submission, you suggest classification for the mixed hydroxi de
precipitate under subheading 2825.90.9000 Harmonized Tariff Schedule of the United States (HTSUS),
which provides for Hydrazine and hydroxylamine and their inorganic salts; other inorganic bases; other metal
oxides, hydroxides and peroxides: Other: Other. We disagree. The mixed hydroxide precipitate is a mixture
of two metal hydroxides produced through an intentional co-precipitation process. It is precluded from being
classified in Chapter 28 due to Chapter Note 1 to that Chapter.
The applicable subheading for the mixed hydroxide precipitate will be 3824.99.3990, HTSUS) which
provides for Prepared binders for foundry molds or cores; chemical products and preparations of the chemical
or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or
included:.Other: Other: Other: Mixtures of two or more inorganic compounds: Other: Other. The general rate
of duty will be Free
Effective April 5, 2025, Executive Orders implemented “Reciprocal Tariffs.” All imported merchandise
must be reported with either the Chapter 99 provision under which the reciprocal tariff applies or one of the
Chapter 99 provisions covering exceptions to the reciprocal tariffs. At this time, products of Indonesia will
be subject to an additional ad valorem rate of duty of 19 percent. At the time of entry, you must report the
Chapter 99 heading applicable to your product classification, 9903.02.27, in addition to subheading
3824.99.3990, HTSUS, listed above.
Effective April 5, 2025, Executive Orders implemented “Reciprocal Tariffs.” All imported merchandise
must be reported with either the Chapter 99 provision under which the reciprocal tariff applies or one of the
Chapter 99 provisions covering exceptions to the reciprocal tariffs. At this time, products of Turkey will be
subject to an additional ad valorem rate of duty of 15 percent. At the time of entry, you must report the
Chapter 99 heading applicable to your product classification, 9903.02.64, in addition to subheading
3824.99.3990, HTSUS, listed above.
The tariffs and additional duties cited above are current as of this ruling’s issuance. Duty rates are provided
for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying
duty rates are provided at https://hts.usitc.gov/.
The holding set forth above applies only to the specific factual situation and merchandise description as
identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations
(CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the
information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and
complete in every material respect. In the event that the facts are modified in any way, or if the goods do not
conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and
Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2.
Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic
verification by CBP.
This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection
Regulations (19 C.F.R. 177).
A copy of the ruling or the control number indicated above should be provided with the entry documents
filed at the time this merchandise is imported. If you have any questions regarding the ruling, please contact
National Import Specialist John Bobel at [email protected].
Sincerely,
(for)
Denise Faingar
Designated Official Performing the Duties of the Division Director
National Commodity Specialist Division